Teibas Ltd. v. Maintenance Construction and Skilled Trades Council

Teibas Ltd. v. Maintenance Construction and Skilled Trades Council

The Court of Appeal held that the collective agreement between the Maintenance Construction and Skilled Trades Council and the Toronto District School Board qualifies as a 'Collective Agreement' under the Trust Agreement because Local 353 is bound by that agreement under the Labour Relations Act, the contractual...

Source-derived case information.

Citation
2011 ONCA 19
Parties
Applicant (respondent in Appeal): Teibas Ltd.; Respondent (appellant): Maintenance Construction and Skilled Trades Council; Respondent (respondent in Appeal): Toronto District School Board
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 January 2011
Procedural Posture
Civil / Appeal From Superior Court of Justice (motion Judge's Endorsement)
Outcome
Appeal allowed.
Legal Topics
Definition of 'collective Agreement' in Trust Documents, Interpretation of 'bound' Under the Labour Relations Act, Mandatory Employer Contributions to Benefit Trusts, Collective Bargaining Representation
Source Language
english
Labour Law Trusts Definition of 'collective Agreement' in Trust Documents Interpretation of 'bound' Under the Labour Relations Act Mandatory Employer Contributions to Benefit Trusts Collective Bargaining Representation

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Parties

Teibas Ltd.

Applicant (respondent in Appeal)

Maintenance Construction and Skilled Trades Council

Respondent (appellant)

Toronto District School Board

Respondent (respondent in Appeal)

Procedural Posture

Civil / Appeal From Superior Court of Justice (motion Judge's Endorsement)

Legal Issues

  1. 1 Whether the collective agreement between the Maintenance Construction and Skilled Trades Council and the Toronto District School Board falls within the Trust Agreement definition of 'Collective Agreement'
  2. 2 Whether Local 353 is 'bound' by the Council-TDSB agreement for purposes of the Trust Agreement
  3. 3 Whether contributions to the Trust must be made under a Participation Agreement rather than under the collective agreement

Ratio Decidendi

The Court of Appeal held that the collective agreement between the Maintenance Construction and Skilled Trades Council and the Toronto District School Board qualifies as a 'Collective Agreement' under the Trust Agreement because Local 353 is bound by that agreement under the Labour Relations Act, the contractual documents and union resolutions, and the word 'bound' must be given its ordinary labour relations meaning, therefore the agreement triggers the Trust contribution obligations.

Court Disposition

Appeal allowed.

Orders

  • Declare that the collective agreement between the Toronto District School Board and the Maintenance Construction and Skilled Trades Council is a 'Collective Agreement' for the purpose of the 2005 Trust Agreement.
  • Parties to agree on the form of the substituted order.